AN ACT Relating to licensing dietitians; adding a new chapter to Title 18 RCW; prescribing penalties; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This chapter shall be known and may be cited as the "Dietetics Practice Act."

NEW SECTION. Sec. 2. In order to safeguard the public health, safety, and welfare, to protect the public from being mislead by incompetent, unethical, and unauthorized persons, to assure the highest degree of professional conduct on the part of dietitians, and to assure the availability of nutritional services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the regulation of persons offering dietetics to the public through licensure.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of dietetics.

(2) "Dietetics" is the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences in counseling people to achieve and maintain health. Unique functions of dietetics include, but are not limited to:

(a) Assessing individual and community food practices and nutritional status using anthropometric, biochemical, clinical, dietary, and demographic data for clinical, research, and program planning purposes;

(b) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;

(d) Developing, implementing, managing, and evaluating nutrition care systems.

(3) "Dietitian" means any person licensed to practice dietetics.

(4) "Dietetic technician" means a person who is trained to perform specific dietetic functions of a licensed dietitian, as defined by this chapter, under professional supervision as defined by the board, but who does not perform activities that require advanced training in the sciences or practices involved in the profession of dietetics.

(5) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter.

(6) "Department" means the department of licensing.

(7) "Director" means the director of licensing.

NEW SECTION. Sec. 4. No person may practice dietetics or hold out himself or herself as a dietitian unless the person is licensed in accordance with, or is in compliance with, this chapter.

NEW SECTION. Sec. 5. This chapter shall not be construed as preventing or restricting the practice, services, or activities of:

(1) A person licensed or certified in this state under any other law from engaging in the profession or occupation for which the person is licensed or certified;

(2) A person employed as a dietitian by the government of the United States, if the person engages in dietetics solely under direction or control of the organization by which the person is employed;

(3) A cooperative extension home economist;

(4) A person holding a master's degree or doctorate degree in human nutrition, nutrition education, foods and nutrition, or public health nutrition from an accredited college or university, as determined by the board;

(5) A person pursuing a course of study leading to a degreed certificate in dietetics in an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, and if the person is designated by a title that clearly indicates the person's status as a student or trainee;

(6) A person fulfilling the supervised fieldwork experience requirements of section 6 of this act if the activities and services constitute a part of the experience necessary to meet the requirements of section 6 of this act;

(7) Any person providing dietetic services that are supervised by a licensed dietitian, including, but not limited to a dietetic technician;

(8) A person practicing dietetics in this state, if the dietetics are performed for no more than one hundred eighty days, and if:

(a) The person is licensed under the laws of another state which has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or

(b) The person has met commonly accepted standards for the practice of dietetics, as specifically defined by the board; or

(9) A person with a limited permit. A limited permit may be granted to persons who have completed the education and experience requirements of this chapter, or equivalent education and experience requirements as determined by the board. The limited permit allows the applicant to practice in association with a dietitian. The limited permit is valid until the results of the next examination have been made public. One extension of this permit may be granted if the applicant has failed the examination, but during this period the person shall be under the direct supervision of a dietitian.

NEW SECTION. Sec. 6. (1) An applicant applying for a license as a dietitian shall file a written application on forms provided by the department showing to the satisfaction of the board that the applicant meets the requirements specified in this subsection.

(a) The applicant shall be of good moral character.

(b) The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in dietetics recognized by the board and having received a baccalaureate or higher degree from an accredited college or university, as determined by the board. Such a program shall be approved by rules of the board.

(c) The applicant shall submit to the board evidence of having successfully completed a minimum of six months of supervised fieldwork experience or a coordinated undergraduate program in dietetics, both of which meet the training criteria established by the board. Supervisors of the program shall meet minimum qualifications established by the board.

(d) An applicant for licensure as a dietitian shall pass an examination as provided in section 7 of this act.

NEW SECTION. Sec. 7. (1) A person applying for licensure shall demonstrate eligibility in accordance with section 6 of this act and shall apply for examination upon a form and in such a manner as the board prescribes. The application shall be accompanied by a fee prescribed by section 12 of this act, which fee shall not be refunded. Each application shall be accompanied by the prescribed fee.

(2) An applicant for licensure under this chapter shall be given a written examination to test the applicant's knowledge of basic and clinical sciences relating to dietetics and such other subjects as the board deems useful to determine the applicant's fitness to practice dietetics. The board shall approve the examination and establish standards for acceptable performance.

(3) Applicants for licensure shall be examined at a time and place and under such supervision as the board determines. The examination shall be given at least twice each year at places the board determines. The board shall give reasonable public notice of the examinations in accordance with its rules at least sixty days prior to the administration of the examination.

(4) Applicants may obtain their examination scores and may review their papers in accordance with rules established by the board.

NEW SECTION. Sec. 8. (1) The board shall waive the examination and grant a license to a person engaged in dietetics on the effective date of this act if the board determines that the person meets commonly accepted standards for the profession, as established by rule of the board, and the applicant files an application for a license no later than six months from the effective date of this act. The board may waive the examination and grant a license to a person meeting the standards adopted by the board under this section after the effective date of this act if the board considers the requirements for licensure in this chapter as having been met.

(2) The board shall grant a license to any applicant who presents proof of current licensure as a dietitian in another state, the District of Columbia, or a territory of the United States, which license has standards considered by the board to be equivalent to the requirements for licensure under this chapter, but only to the extent that a similar granting of a license is provided by another state, the District of Columbia, or territory of the United States for persons licensed to practice dietetics in Washington.

(3) The board shall waive the education and experience requirements for licensure in section 6(1) of this act for applicants for licensure who present evidence to the board that they have been engaged in the practice of dietetics for three years immediately prior to the effective date of this act. Proof of actual practice shall be presented to the board in a manner the board prescribes by rule. To obtain the waiver, an applicant shall file an application no later than six months after the effective date of this act.

NEW SECTION. Sec. 9. The director shall issue a license to a person who meets the licensing requirements of this chapter upon payment of the prescribed license fee. The license shall be posted in a conspicuous location at the person's work site.

NEW SECTION. Sec. 10. (1) Licenses under this chapter shall be renewed at the time and in the manner determined by the director and with the payment of a renewal fee. The board may establish requirements for license renewal that provide evidence of continued competency. The director may provide for the late renewal of a license upon the payment of a late fee in accordance with the board's rules.

(2) A suspended license is subject to expiration and may be renewed as provided in this section, but the renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in dietetics, or in any other conduct or activity in violation of the order or judgment for which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement shall pay the renewal fee and any applicable late fee.

(3) A dietitian licensed under this chapter not practicing dietetics or providing services may place his or her license in an inactive status. The board may prescribe requirements for maintaining an inactive status and converting from inactive or active status.

NEW SECTION. Sec. 11. (1) The board may deny or refuse to renew a license, may suspend or revoke a license, or may impose probationary conditions if the licensee or applicant for a license has engaged in conduct which has endangered the health, welfare, or safety of the public. Such conduct includes, but is not limited to:

(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;

(b) Engaging in unprofessional conduct or gross incompetence as defined by the rules of the board, or violating the code of ethics adopted and published by the board, which code shall require that a dietitian, after evaluating a patient, refer a medical case to a physician for appropriate medical direction if such direction is lacking. Treatment by a dietitian of such a medical case may take place only upon the referral of a physician licensed to practice medicine in this state;

(d) Violating an order or rule of the board; or

(e) Violating this chapter.

(2) Such denial, refusal to renew, suspension, revocation, or imposition of probationary conditions on a licensee may be ordered by the board in compliance with chapter 34.04 RCW. One year from the date of revocation of a license, application may be made to the board for reinstatement. The board has discretion to accept or reject an application for reinstatement and may hold a hearing to consider the reinstatement.

NEW SECTION. Sec. 12. The director shall prescribe and publish license and permit fees in amounts determined by the director as provided in RCW 43.24.086.

NEW SECTION. Sec. 13. (1) There is established a board of dietetics. The board shall consist of five members appointed by the governor, who may consider the persons who are recommended for appointment by the dietitians of the state. The members of the board shall be residents of the state. Four of the members shall have been engaged in the practice of dietetics with the public, teaching dietetics, or research in dietetics for at least five years immediately preceding their appointments. These four board members shall be dietitians who shall at all times be holders of licenses for the practice of dietetics in the state, except for the initial members of the board, all of whom shall fulfill the requirements for licensure under this chapter. The remaining member of the board shall be a member of the public with an interest in the rights of consumers of health services.

(2) The governor shall, within sixty days after the effective date of this act, appoint one member for a term of one year, two members for a term of two years, and two members for a term of three years. Appointments made thereafter shall be for three-year terms, but no person may be appointed to serve more than two consecutive full terms. Terms shall begin on the first day of the calendar year and end on the last day of the calendar year or until successors are appointed, except for the initial appointed members, who shall serve through the last calendar day of the year in which they are appointed before commencing the terms prescribed by this section. The governor shall make appointments for vacancies in unexpired terms within ninety days after the vacancies occur.

(3) The board shall meet during the first month of each calendar year to select a chairperson and for other purposes. At least one additional meeting shall be held before the end of each calendar year. Further meetings may be convened at the call of the chairperson or the written request of any two board members. A majority of members of the board constitutes a quorum for all purposes. All meetings of the board shall be open to the public, except that the board may hold closed sessions to prepare, approve, grade, and administer examinations or, upon request of an applicant who fails examination, to prepare a response indicating the reasons for the applicant's failure.

(4) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 14. (1) The board shall administer, coordinate, and enforce this chapter, evaluate qualifications under this chapter, and provide for supervision of examinations and applicants for licensure under this chapter. The board may issue subpoenas, examine witnesses, and administer oaths and investigate allegations of practices violating this chapter.

(2) The board shall adopt rules, in accordance with chapter 34.04 RCW, relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensure and to the establishment of ethical standards of practice for persons holding a license to practice dietetics in this state.

(3) The board shall conduct such hearings and keep such records and minutes as are necessary to carry out its functions. The board shall provide at least thirty days' notice in writing to the appropriate persons of the times and places of all hearings authorized under this chapter in such a manner and at such times as determined by its rules.

NEW SECTION. Sec. 15. The director shall provide an administrative and investigative staff as necessary for the board to carry out its duties under this chapter.

NEW SECTION. Sec. 16. A person who violates section 4 of this act is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or imprisonment in the county jail for a period not exceeding ninety days, or both such fine and imprisonment. The court may impose a civil fine of up to one thousand dollars for any violation of section 4 of this act.

NEW SECTION. Sec. 17. Sections 1 through 16 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 18. There is appropriated from the general fund to the department of licensing for the fiscal year ending June 30, 1986, the sum of twenty-five thousand dollars or so much thereof as may be necessary, to carry out the purposes of this act.

NEW SECTION. Sec. 19. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 20. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.